Article 1 With a view to strengthening supervision and regulation of construction activities, maintaining construction market order, ensuring the quality and safety of construction projects and promoting the healthy development of construction industry, this law is hereby formulated.
Article 2 Construction activities and supervision of construction activities conducted within the territory of the People's Republic of China shall abide by this law.
Article 3 Construction activities have to guarantee the quality and safety of construction projects and comply with the State's safety standards for construction projects.
Article 4 The State assists the development of construction industry, supports research on construction science and technology in order to raise the level of housing and construction design, encourages saving of energy and environmental protection and advocates the adoption of advanced technology, advanced equipment, advanced process, new building materials and modern managerial methods.
Article 5 Conduct of construction activities shall observe laws and regulations and should in no way undermine social and public interests as well as the legitimate interests of others.
Article 6 The competent construction administrative department under the State Council shall exercise unified supervision and regulation over construction activities of the whole country.
CHAPTER II CONSTRUCTION LICENSING SECTION I WORKING LICENSES FOR CONSTRUCTION PROJECTS
Article 7 Before the start of construction projects, construction units shall, in accordance with the relevant provisions of the State, apply to the competent construction administrative departments under the prefecture-county governments or above for construction licenses, except for small projects below the threshold value set by the competent construction administrative department under the State Council.
Construction projects which have obtained approval of work start reports in accordance with the power limits and procedure stipulated by the State Council are no longer required to apply for construction licenses.
Article 8 The following conditions are required for the application of construction licenses:
(1) Having gone through the approval formalities for construction project land use;
(2) Construction projects within urban planned districts have obtained licenses of planning;
(3) Where demolition and relocation are necessary, the progress of demolition and relocation comply with the requirements of construction;
(4) Constructing enterprises for the projects have been chosen;
(5) Working drawings and technical data are available to meet the need of construction;
(6) Specific measures are available for ensuring the quality and security of construction;
(7) Funds of construction are available;
(8) Other conditions as stipulated by laws and administrative regulations.
The competent construction administrative departments shall issue construction licenses to qualified applicants within 15 days from the date of receipt of applications.
Article 9 Units in charge of construction should start to build the projects within three months since obtaining construction licenses. If work cannot start on schedule, applications should be filed to the license issuing agencies for delay, which shall only be permitted twice in maximum for each case, each permission of delay covering a maximum period of three months. In cases of those projects that neither start on schedule nor apply for delay or exceed the period of permitted delay, the validity of the working licenses automatically expires.
Article 10 For projects under construction that come to a halt due to some reasons, the constructing units should report to the license issuing agencies within one month from the stoppage of construction and should also well maintain and manage the construction projects in accordance with provisions.
When construction work resumes, reports should be filed with the license issuing agencies; Before the resumption of work on construction projects which have stopped for over one year, units in charge of construction shall apply to the license issuing agencies for verification of their working licenses.
Article 11 For construction projects with approval of work-start reports in light of the relevant provisions of the State Council which fail to start construction on schedule or suspend the construction work due to certain reasons, the constructors should report the cases timely to the approving authorities. If the period of non-start of work due to certain reasons exceeds six months, the constructors shall re-go through the formalities of approval for work-start reports.
SECTION II QUALIFICATIONS OF CONSTRUCTORS
Article 12 Construction engineering enterprises, prospecting units, design units and project supervisory units which engage in construction activities shall possess the following conditions:
(1) Possession of registered capital that complies with the State provisions;
(2) Possession of specialized technical personnel with statutory professional qualifications consistent with the construction activities they engage in;
(3) Possession of technologies and equipment that are necessary for related construction activities.
(4) Other conditions as stipulated by laws and administrative regulations.
Article 13 Construction engineering enterprises, prospecting units, design units and project supervisory units are rated into different classes according to their registered capital, professionals and technicians, technical equipment and performance record of completed construction projects, etc. Only when they pass qualification examinations and obtain appropriate qualification certificates may they engage in construction activities commensurate to the scope of their qualification classes.
Article 14 Specialized technical personnel engaging in construction activities shall attain the relevant certificates of professional qualification and conduct building activities within the scope of their certificates of professional qualifications.